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- Cheque Amount Bigger than
- The legal requirement under the Negotiable Instruments Act, 1881, is that the demand notice must specify the said amount of the cheque, which means the amount actually mentioned in the cheque. Mentioning a larger or smaller amount, such as costs or charges, renders the notice invalid and vague, as it causes difficulty for the drawee to determine the correct amount payable. This can make the notice illegal and affect the benefit under Section 138. United Credit Ltd. VS Agro Sales India - Dishonour Of Cheque, Arun VS G. Sankara Narayanan - Madras, UNITED CREDIT LTD. VS AGRO SALES INDIA - Calcutta, United Credit Ltd. VS Agro Sales India - Crimes, Kunjan Panicker VS Christudas - Crimes, Kunjan Panicker VS Christudas - Dishonour Of Cheque, Gopal Debi Ozha VS Sujit Paul - Crimes, Gopal Debi Ozha VS Sujit Paul - Dishonour Of Cheque
- Analysis and Conclusion
- Consistently, the courts emphasize that the demand notice must strictly pertain to the cheque amount only. Any mention of amounts exceeding or less than the cheque amount, including costs or charges, can invalidate the notice due to vagueness and non-compliance with legal requirements. Proper adherence ensures the validity of proceedings under Section 138 of the Negotiable Instruments Act.
Search Results for "Cheque Amount Bigger than"
• India - Dishonour Of Cheque
D.P.SIRCAR
- Notice demanding amount of cheque and further sum of Rs. 510/- as cost of notice -Validity of notice - To attract benefit of this ... demand made by notice or by complaint in excess of cheque amount renders notice invalid and benefit of Section 138 of the Act Is ... section, complainant must proceed in hyper-technical way and must make a demand for payment of amount only of said amount of money ... If any bigger amount or smaller amount#H....
2007 0 Supreme(Mad) 1324 • India - Madras
R.REGUPATHI
Negotiable Instruments Act, 1981-Section 138-For payment of money notice issued-petitioner in reply to the notice admitted the amount ... If any bigger amount or smaller amount than the cheque amount is mentioned, in my view, that will amount difficulty to the drawee to know how much amount he has to pay or she has to pay as the case may be and that makes the notice insufficient and vague and the notice will become illegal." ... or higher than the #H....
1999 0 Supreme(Cal) 159 • India - Calcutta
Debi Prasad Sircar
Act must be limited to the cheque amount only. ... Act) can include an amount exceeding the cheque amount, such as costs or charges. 2. ... Act strictly, emphasizing that the demand notice must specify the "said amount of money," which refers solely to the cheque amount ... Jf any bigger amount or smaller amount then the cheque amount is mentioned, that will cre....
• India - Crimes
D.P.SIRCAR
Negotiable Instruments Act, 1881- Section 138(b) – Dishonour of cheque - Notice demanding amount of cheque and further sum of Rs. ... within this provision - Any demand made by notice or by complaint in excess of cheque amount renders notice invalid and benefit ... only of said amount of money as covered by cheque - Any further claim as cost of notice and Institutional charges cannot be covered ... If any bigger amount or smaller #H....
2004 0 Supreme(AP) 1019 • India - Andhra Pradesh
P.S.NARAYANA
Negotiable Instruments Act, 1881 - Section 138 - Indian Contract Act - Section 23 - Cheque issued was dishonoured ... , Osmania University branch and cheque drawn on State Bank, Osmania University branch had not been honoured on the ground of insufficient ... - Complaints were filed by the appellant complainant on the ground that the two cheques issued by R-2-accused drawn on State Bank ... If any bigger amount or smaller amount than the cheque amount#HL_END....
1997 0 Supreme(Ker) 276 • India - Kerala
D.SREEDEVI, B.M.THULASIDAS
appellant obtained a cheque for Rs. 26,600 from the respondent, which was dishonoured by the bank. ... The respondent denied the execution of the cheque, but the trial court convicted and sentenced him. ... Negotiable Instruments Act - Dishonoured Cheque - S.138 - S.139 - S.140 - S.138, S.139, S.140 Fact of the Case: The ... If any bigger amount or smaller amount than the cheque amount is mentioned, in my view, that will amount dif....
• India - Crimes
B.M.THULASIDAS, D.SREEDEVI
cost be sides amount of dishonored cheque - Notice will nevertheless be one demanding payment of the said amount - Omnibus demand ... dishonored - Demand notice - Notice must be for payment of the "said amount" of money - Claim in addition by way of interest and ... without specifying what was due under the dishonoured cheque might fail to meet the legal requirement. ... If any bigger amount or smaller amount than the cheque #HL_STA....
• India - Dishonour Of Cheque
B.M.THULASIDAS, D.SREEDEVI
cost be sides amount of dishonored cheque - Notice will nevertheless be one demanding payment of the said amount - Omnibus demand ... dishonored - Demand notice - Notice must be for payment of the "said amount" of money - Claim in addition by way of interest and ... without specifying what was due under the dishonoured cheque might fail to meet the legal requirement. ... If any bigger amount or smaller amount than the cheque #HL_STA....
• India - Crimes
N.K.BHATTACHARYYA
(ii) Negotiable Instruments Act, 1881 - Sections 138 & 142 Dishonour of cheque ... If any bigger amount or smaller amount than the cheque amount is mentioned, in my view, that will create difficulty to the drawee to know how much amount he has to payor she has to pay as the case may be and that makes the notice insufficient and vague and the notice will become illegal. ... or higher than the amount mentioned in the cheque. ... So th....
• India - Dishonour Of Cheque
N.K.BHATTACHARYYA
Negotiable Instruments Act, 1881 - Sections 138 & 142 Dishonour of cheque ... If any bigger amount or smaller amount than the cheque amount is mentioned, in my view, that will create difficulty to the drawee to know how much amount he has to payor she has to pay as the case may be and that makes the notice insufficient and vague and the notice will become illegal. ... any other amount either smaller or higher than the amount mention....
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